Premises Liability

Premises liability is term of art that refers to responsibility for severe personal injuries caused by a fall, collision, or other incident sustained inside or outside:

a residence or home;

a commercial building;

a mall;

a grocery store;

a convenience store;

a park;

a ski resort;

a playground;

an amusement park;

a casino;

an airport;

a school;

a daycare center;

a parking lot;

a nightclub;

a bar; or

college or university.

Generally, the owner of a piece of property has a duty to keep it reasonably safe condition or, at a minimum, has an obligation to warn customers or others on the premises of a dangerous condition that the owner caused, knows about, or should know about. Premises liability claims include severe personal injuries caused by slip and falls at the grocery store, trip and falls at the hardware store, and most falls on or as a result of:

crumbling concrete;

snow and ice build-up on sidewalks;

snow and ice build-up on steps;

snow and ice build-up on stairways;

water pooling;

slippery floor tile;

unsecured floor mats;

stairs without handrails;

ramps without handrails;

no railings;

unsafe passageways;

unsafe ski slopes;

unsafe sledding hills; and

poor lighting;

Premises liability claims may also include injuries sustained as a result of lack of security, inadequate security, or poorly trained security, building code violations, and fires. In the event of a severe personal injury, the injured individual and/or a spouse and immediate family members, may be entitled to recover for:

Wrongful death;

Past and future medical bills;

Past and future lost wages;

Loss of future earning capacity;

Pain and suffering;

Mental and emotional disability;

Disfigurement and scarring;

Loss of enjoyment of life;

Loss of society, love and affection;

Property loss; and

Incidental and out-of-pocket expenses.

While no dollar amount can adequately compensate for a loss, the legal system permits compensation where the injured party can prove that another negligently caused his/her harm. The amount of recovery is determined either by a jury at trial, or through a fair settlement made prior to trial.

To learn more about the merit of a premises liability action following an injury or loss, contact at Bottar Leone, PLLC, 1-800-336-5297, info@bottarleone.com, or complete a contact form.

Based in Syracuse and serving most New York cities and counties, including: Albany, Broome County, Bronx, Binghamton, Cayuga County, Chemung, Cortland, Erie County, Geneva, Herkimer, Ithaca, Jefferson County, Lewis County, Madison County, New York County, Ogdensburg, Oneida County, Onondaga County, Oswego, Rensselaer County, Rome, Seneca County, Skaneateles, St. Lawrence County, Steuben County, Syracuse, Tompkins County, Troy, Utica and Watertown.